HomeMy WebLinkAboutMin 01-20-93MINUTES OF THE CITY COUNCIL OF THE
CITY OF UKIAH - January 20, 1993
The city Council convened in a regular meeting, of which the
agenda was legally noticed and posted, at 6:31 p.m., in the
Council Chamber of the Civic Center, 300 Seminary Avenue.
Roll was taken and the following Councilmembers were
present: Malone, Wattenburger, Shoemaker and Mayor
Schneiter. Staff present: City Clerk McKay, city Manager
Rough, City Attorney Rapport, Community Development Director
Harris, Redevelopment/Economic Development Coordinator
DeKnoblough, Electric Utility Director Barnes,
Electrical Distribution Engineer Wobig, Finance Director
Burt, Assistant City Manager Horsley, Police Captain
Budrow, Acting Executive Assistant Yoast, and Public
Works Director Goforth.
INVOCATION/PLEDGE OF ALLEGIANCE
Councilmember Shoemaker led a moment of silence and Mayor
Schneiter led the Pledge of Allegiance.
PROCLAMATION
4a. Proclamation Declaring February 1993 as Pet Spay and
Neuter Month
Mayor Schneiter read and presented the Proclamation to
Stephanie Hoppe, who provided a brief report regarding
Mendocino County statistics pertaining to cat and dog
overpopulation and its impact.
5. Approval/Correction of Minutes of Reqular Meetinq,
December, 16, 1992
Councilmember Wattenburger requested the following
amendment to the draft minutes of the regular meeting of
December 16, 1992, as follows; Page 4, ninthParagraph,
first sentence, change the second of the motion to introduce
the Ordinance, from "Shoemaker" to "Wattenburger."
M/S Malone/Wattenburger to approve the minutes of the
regular meeting of December 16, 1992, as amended. The motion
was carried by the following roll call vote: AYES:
Councilmembers Malone, Wattenburger, Shoemaker and
Mayor Schneiter. NOES: None. Absent: None.
6. RIGHT TO APPEAL DECISION
Mayor Schneiter reviewed Section 1094.6 of the California
Code of civil Procedures regarding the appeal process.
7. CONSENT CALENDAR
Mayor Schneiter reported receiving a request from Judy
Pruden to remove Consent Calendar Item 7f. Authorize
Demolition Permit for Destruction of Older than 50 Year
Structure located at 414 West Clay Street by Piero
Anzillotti
It was the consensus of Council to move Consent Calendar
Item 7f. to New Business Item lld. for further information
and discussion.
Councilmember Wattenburger requested Item 7j. Authorize
Taxi Cab Permit for Mendocino Cab Company's 1985 Dodqe
Diplomat as Der Ukiah Code Section 2546 be pulled from
the Consent Calendar for further discussion. This item of
business then became New Business Item lle.
M/S Wattenburger/Malone to approve the Consent Calendar
as follows;
7ai. Approved the Payroll Warrants, dated December 6, 1992
to December 19, 1992, #46396 to #46575, in the amount of
$145,228.91, and the General Warrants, dated January 6,
1993, #58455 to #58638, in the amount of $381,319.24.
7aii. Approved the Payroll Warrants dated December 20,
1992 to January 2, 1993, #46576 to #46746, in the amount of
$149,625.94, and the General Warrants, dated January 20,
1993, #58663 to #58835, in the amount of $964,688.71.
7b. Accepted Councilmember Frank McMichael's letter of
resignation, dated December 30, 1992, which became effective
January 4, 1993.
7c. Denied the claim received from Luella Case and referred
it to the city's insurance carrier, R.E.M.I.F.
7d. Adopted Ordinance No. 933, Amending Division 2 of the
Ukiah City Code Pertaining to Business Licenses.
7e. Adopted Ordinance No. 932, Amending Chapter 5 of
Division 1 of the Ukiah City Code, Pertaining to the Civil
Service of the city of Ukiah.
7g. Adopted Resolution No. 93-42, Authorizing the Mayor to
execute the South Tesla Agreement Between the Transmission
Agency of Northern california and the city of Ukiah.
7h. Certified eligibility of property for listing on
National Register of Historic Places and Approve Nomination
for 308 South School Street, Mary Ann Villwock.
7i. Accepted the work as complete and directed the City
Clerk to file the Notice of Completion for Construction of
Lake Mendocino Hatchery Water Pump System, Specification
No. 91-25.
The motion on the floor was carried by the following roll
call vote: AYES: Councilmembers Malone, Wattenburger,
Shoemaker, and Mayor Schneiter. NOES: None.
8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No one came forward.
UNFINISHED BUSINESS
10a. Nomination and Appointment of Council Applicant
i. Adoption of Resolution Approving Council Appointment to
Fill the Unexpired Term of Frank McMichael to June 1994
Councilmember Shoemaker stated he regrets the appointment
process in that he feels the voters should make the decision
for their Council representative. He expressed his
disappointment in the gender issue that has been raised and
his selection criteria was based on what individual, male or
female, can best serve on the Council with common sense and
integrity. He suggested a different nomination process.
Councilmember Malone, Wattenburger and Mayor Schneiter
indicated they would like to continue with the normal
nomination process used in the past.
Mayor Schneiter nominated Jim Mastin to fill the
unexpired term of Councilmember Frank McMichael. The
nomination was seconded by Councilmember Shoemaker. The
motion carried with the following roll call vote: AYES:
Councilmember Wattenburger, Shoemaker and Mayor
Schneiter. NOES: Councilmember Malone.
M/S Malone/Shoemaker to accept the nomination of Jim
Mastin by acclimation. The motion was carried by a
unanimous voice vote of all AYE.
M/S Wattenburger/Malone to adopt Resolution No. 93-45,
Appointing Jim Mastin to fill the unexpired Council term
Reg. Mtg.
January 20, 1993
Page 2
of Frank McMcMichael to June 1994. The motion was carried
by the following roll call vote: AYES: Councilmembers
Malone, Wattenburger, Shoemaker, and Mayor Schneiter.
NOES: None.
Recess - 7:07 p.m.
PUBLIC HEARING
9a. Consideration of
Reconvened - 7:15 p.m.
a Resolution Creatinq Utility
Underqround District No. 3, which is Generally Bounded by
Gobbi Street to Clay Street to Oak Street to Main Street
The Redevelopment/Economic Development Coordinator reported
the Downtown Master Plan, which was approved by the Council
and the Redevelopment Agency, calls for the undergrounding
of utilities in the Downtown District inthe first phase. He
noted the funding for the engineering and trenching of
this phase is included in the 1992/1993 budget, with the
installation of utility facilities (electric, gas, cable and
telephone) completed in 1994. He reported all property
owners in the proposed District have been notified.
Discussion ensued regarding the funding amounts and budget
accounts.
PUBLIC HEARING OPENED - 7:24 p.m.
No one came forward.
PUBLIC HEARING CLOSED - 7:25 p.m.
M/S Malone/Wattenburger to adopt Resolution No. 93-43,
designating Utility Underground District No. 3, Generally
Bounded by Gobbi Street to Clay Street to Oak Street to
Main Street. The motion was carried by the following roll
call vote: AYES: Councilmembers Malone, Wattenburger,
Shoemaker, and Mayor Schneiter. NOES: None.
9b. Consideration of Resolution Adjusting Fees and Charqes,
Establishinq Special Dumpinq Rates for Self-Hauled Loads of
Mixed Recyclables and Garbaqe and Chanqinq Hours of
Operation and Miscellaneous Procedures at the Ukiah
Municipal Solid Waste Site
The Public Works Director reported a general gate fee
increase is needed to keep the disposal site
self-supporting, to build sufficient reserves for closure
and post closure maintenance, establish a newly required
reserve fund for potential emergencies, fund new monitoring
and testing requirements, relocate PG&E powerlines and a new
access road, pay new inspection fees and to complete
processing of the application for Facility Permit Revision.
He noted it is anticipated the proposed increase of $1.25
per cubic yard will generate approximately $230,000 to
$240,000. He also explained the recommendation to establish
a new special rate for mixed self-hauled loads, as included
in the recently approved Preliminary Draft of the Source
Reduction and Recycling Element. He proceeded to explain the
recommended change in hours of operation of the landfill
site to accommodate earlier opening and closing.
Discussion ensued regarding current fund balances and
increased amounts, County landfill charges, rerouting the
landfill access road will increase percentage use of the
landfill, and effects of increase to franchise haulers.
Councilmember Shoemaker stated he would like the landfill
site to allow less than 1 cubic yard minimum dumping fees,
which would help eliminate illegal dumping and unsanitary
accumulation at home sites.
Discussion ensued regarding amounts and fees, separation of
self-hauled loads and the process used by the load checker.
Reg. Mtg.
January 20, 1993
Page 3
Councilmember Shoemaker stated he likes the idea of
opening earlier but disagrees with the earlier closing, as
contractors depend upon the landfill site being open for
them to dump their loads after their construction work day,
at least through the construction season.
PUBLIC HEARING OPENED - 8:15 p.m.
Marc Groah, 114 Observatory Avenue, stated he likes the
idea of a 1/2 cubic yard fee, and noted moving a access road
is a very expensive proposition just to make a new home
subdivision happy. Mr. Groah also questioned a EBA rate
increase and if the curbside recycling program was put out
for bid as there is money in these items.
The City Manager explained how EBA Wastetechnologies is
conducting the testing at the landfill site and that they
will be issuing reports to the city this spring and there
was a request for proposal process used in the curbside
recycling pick-up program.
Pete Carter, 191 Cherry Street, stated as the owner of
several carwash businesses in town, this increase in fees
for unseparated refuse will greatly impact him as his
dumpsters accumulate other peoples garbage and he feels it
can be detrimental to his employees to go through it and
sort it with all the unknown components that may be in the
refuse and he asked for special consideration for his
situation.
John McCowan, P.O. Box 454, stated he supports the reduced
minimum quantity and fees and feels a commercial recycling
program for apartments should be developed.
Nelson Redding, 408 Luce Avenue, stated he feels that
lowering the minimum quantity will only offer advantage to
those who live outside the City, as the City has mandatory
pickup with fees per can. He stated he feels eventually the
inland area of the County has to go to mandatory garbage,
and this could hinder this effort. He commended the city
for its good landfill management and foresight which will
benefit the citizens of Ukiah, and approves of the
mandatory sorting out of recyclables.
John McCowen commented although half of the refuse into
the City Landfill is from the County, these people should
not have to have six garbage cans sitting in their yards
until they can dispose of it.
PUBLIC HEARING CLOSED - 8:30 p.m.
The City Manager noted if the Council desires, the Public
Works Director has developed a tipping fee for a 1/2 cubic
yard minimum.
Mayor Schneiter stated he prefers $4.75 to facilitate
change and noted he is concerned about the issue of a
business's unattended dumpsters.
Councilmember Shoemaker stated this could be eliminated
with a commercial garbage pick up instead of self haul. He
suggested a possible variance procedure through the City
Manager for certain special situations for businesses.
The City Attorney commented that Council could direct staff
to research this matter and bring it back for Council
consideration in the future.
Councilmember Shoemaker made the suggestions that scrap
metal be taken out before approaching the gate, to look into
finding someone else to take the scrap metal, and to take
refrigerators then de-freon them at a lower rate than the
$30 which is currently being charged at appliance stores.
Reg. Mtg.
January 20, 1993
Page 4
The city Manager noted these issues can be addressed at the
upcoming solid waste management workshop which will be held
after receiving the EBA reports.
Discussion ensued regarding cost of scrap metal pick-up,
hours of operation during nine months of the year, and the
landfill staffing process.
M/S Shoemaker/Wattenburger to adopt Resolution No. 93-44,
adjusting fees and charges, establishing special dumping
rates for self-hauled loads of mixed recyclables and
garbage, and changing hours of operation and miscellaneous
procedures at the Ukiah Municipal Solid Waste Site to
include the hours of operation from 8:00 a.m. to 5:00 p.m.,
between February 15 to November 14, and 8:00 a.m. to 4:30
p.m., November 15 to February 14 Tuesday through Saturday,
except national holidays, and to include a 1/2 cubic yard
minimum gate fee of $4.75, and directed staff to develop a
policy proposal for a variance procedure regarding a
surcharge for mixed loads prior to the March 1
implementation date. The motion was carried by the following
roll call vote: AYES: Councilmembers Malone,
Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None.
Mayor Schneiter read a letter received from the Army Corps
of Engineers from Calvin C. Fong, addressed to Public
Works Director Goforth, which indicated that upon their
inspection of the landfill site, no violations exist at the
landfill at this time.
Mayor Schneiter also read an update on today's flooding of
streets within the City of Ukiah.
Recess 8:50 p.m.
Reconvened - 9:00 p.m.
10c. Consideration of Proposed Business Incentive Aqreement
The Mayor and the city Manager announced as a result of
eight months of staff efforts the city has been successful
in recruiting a small plastics injection molding
manufacturing firm, Callies Enterprises of San Rafael
to our community. The City Manager explained this will
provide 20 jobs in the first phase, with a potential for
more. He explained the various financial incentives
amounting to $48,550 which were provided to the owner and
developer by the City and the Redevelopment Agency. He
reported on the positive economic effects, Phase II of the
firm's proposed expansion, the developer incentive package
and noted on October 19, 1992 the Redevelopment Finance
Review Committee approved this incentive package with an
additional $2,000 in incentives added after.
The Council individually expressed their pleasure and
welcomed Mr. and Mrs Callies to our community.
Kurt Callies, expressed his appreciation for the City's
efforts and noted he is very impressed with the landfill
situation and explained his operation is very clean with no
scrap. He explained his company's move is a win/win
situation and noted it was the quality of life in Ukiah
which impressed him.
M/S Wattenburger/Malone to approve the incentive package
for Callies Enterprises and authorize the City Manager to
enter into an agreement with Callies Enterprises. The
motion was carried by the following roll call vote: AYES:
Councilmembers Malone, Wattenburger, Shoemaker, and
Mayor Schneiter. NOES: None.
10b. Consideration of Revised Vehicle for Hire Ordinance
The City Attorney noted that as directed by Council at the
regular meeting of December 2, 1992, he has rewritten the
Ukiah City Code Sections pertaining to Vehicles For Hire
to reflect the Council's desire to retain control over
Reg. Mtg.
January 20, 1993
Page 5
Taxicab and driver permits, instead of deregulation as was
previously proposed in which a new Ordinance was introduced
but not adopted. He explained the proposed Ordinance and
Resolution which consolidates all permitting, licenses and
fees with the one department of Public Safety. He explained
the individual updates to the old Code.
Councilmember Shoemaker noted he feels fees for appeals
are inappropriate.
The city Attorney noted a Resolution approving fees will be
forwarded to Council before the Ordinance becomes effective.
Discussion ensued regarding the process used for permitting
and investigation.
Councilmember Wattenburger commended the city Attorney
for the thorough work he provided in this update of the
existing Code.
Brian Buckley, 1908 Stark Lane, Paradise, owner of
Mendocino Taxi, noted this new Ordinance appears to be
very in-depth and questioned why some vehicles for hire such
as limosine services and tour buses operating in Ukiah
are not required to have these permits, while his vehicles
have been stopped and checked, and questioned if this
Ordinance will also affect those business as well.
The City Manager explained the businesses that are being
referenced are licensed by the Public Utilities Commission
and therefore are exempt from City authority.
Mr. Buckley stated the City of Chico has stopped
regulating limousines.
Discussion ensued regarding
regulation clarification.
insurance costs and PUC
Mayor Schneiter asked Mr. Buckley if he has any concerns
or problems with the proposed Ordinance.
Mr. Buckley stated he has no problem with the appeal
process and indicated he understands the new requirements
are more stringent, but requested Council look into the
issue of possibly allowing subcontractors as drivers to keep
his employee expense overhead down.
The City Attorney explained the proposed Ordinance does not
contain any change to the existing code section which
requires taxi cab drivers to be owners or employees of the
authorized company, which assures direct control over
drivers by the owner of the taxi company.
Discussion ensued regarding insurance requirements,
misdemeanor infractions and possible interpretation of
permit process procedures.
The City Attorney advised the proposed Ordinance could be
introduced then amended before final adoption at a later
date.
It was the consensus of Council for staff to address the
subcontractor issue for the next Council meeting.
M/S Malone/Wattenburger to read the Ordinance by title
only for its first reading. The motion was carried by a
unanimous voice vote of all AYE.
The City Clerk read the title of the proposed Ordinance.
M/S Wattenburger/Malone to introduce the Ordinance
amending Division 2, Chapter 5 of the Ukiah City Code,
Entitled: For Hire Vehicle. The motion was carried by the
following roll call vote: AYES: Councilmembers Malone,
Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None.
Reg. Mtg.
January 20, 1993
Page 6
The City Attorney noted he will provide a possible amendment
in addition to clarification regarding the PUC regulations
for Council at the next meeting.
NEW BUSINESS
lla. Consideration of Proposed Sale of Former City Hall,
203 South School Street and Authorization of City Manaqer to
Execute Aqreement for Sale of Subject Property
The City Manager commented this offer of $40,000 for the
purchase of this property exceeds the appraisal and
independent real estate assessment. He explained properties
in the downtown area can vary widely based upon the
differing conditions and circumstances surrounding each
property in our downtown area, with seismic retrofit as a
main challenge in revitalization efforts.
The Redevelopment/Economic Development Coordinator reviewed
the appraisal of Harding Appraisal Company, Inc. of $35,000,
the estimation of seismic and structural improvements
provided by Roger Vincent of Rau and Associates estimated
at between $450,000 and $700,000, and the independent
investigation and valuation by William Hafner, MAI of
$35,000.
Patrick Harbin, stated it is his major objective to get
this building into production so that he can do a
development downtown within the next few years.
Mayor Schneiter commended
efforts in the downtown area.
Mr. Harbin for his many
M/S Wattenburger/Malone to adopt Resolution No. 93-47
authorizing the City Manager to execute any documents
necessary to convey title pursuant to the proposal of
Patrick Harbin, including any necessary deed. The motion
was carried by the following roll call vote: AYES:
Councilmembers Malone, Wattenburger, Shoemaker, and
Mayor Schneiter. NOES: None.
llb. Consideration of Policy Resolution Reqardinq Banners
Over Public Right of Way
The Assistant City Manager reported five to eight banners
are currently allowed in the public right of way between the
Courthouse and McNab's per year. She noted due to
deterioration of the supports in addition to the
inconvenience to the two parties involved, staff is
proposing securing banners to City of Ukiah poles located
just south of Perkins Street on South State Street. There is
a need for a new procedure format and policy which will
eliminate the need for County insurance and approval and
will allow the City to assure the safety of banners over the
public right of way.
Discussion ensued regarding
procedures, amount of interest
use on a first-come basis.
the 15-day limitation,
and demand, and scheduling
M/S Shoemaker/Wattenburger to adopt Policy Resolution No.
liB, (Superseding Policy Resolutions No. llA and 11)
allowing banners over public right-of-way. The motion was
carried by the following roll call vote: AYES:
Councilmembers Malone, Wattenburger, Shoemaker, and
Mayor Schneiter. NOES: None.
lld. Authorize Demolition Permit for Destruction of Older
than 50 Year Structure located at 414 West Clay Street by
Piero Anzillotti
Judy Pruden, 304 South Hortense, stated she just became
aware of this item of Council business yesterday and that
the evaluation submitted is incorrect and this property is
listed on the City's local inventory and does not recommend
Reg. Mtg.
January 20, 1993
Page 7
demolition at this time as there are some concerns about
this property.
The Community Development Director explained this property
is listed in the Architectural and Historical Resources
Inventory report but is not one of the 200 properties that
have been identified by the State. It is one of 188
properties listed as potential historic district No. 2
residential west.
Discussion ensued regarding the process used for the
referral of this demolition permit request.
Councilmember Shoemaker commented we should have a written
procedures policy which would help clarify this process.
Ms. Pruden stated she has provided written letters to the
City regarding the historical significance of specific
properties for the last 8 years.
The City Manager noted the City was under the impression
that the Historical Society had conferred with Ms. Pruden.
Ms. Pruden stated she would like the consideration of
being contacted for a complete evaluation which will
continue to cost the City nothing.
It was the consensus of Council for this matter to be
postponed for receipt of further information and requested a
referral policy be researched and brought back to Council.
Morey McCloud, address not stated, commented this small
dilapidated home cannot be salvaged and questioned if it
cannot be demolished, will the City pay the owner for it.
Mayor Schneiter stated this matter will be thoroughly
addressed at the next Council meeting, and at this point in
time, the approval of the demolition permit cannot be
addressed without further information.
lle. Authorize Taxicab Authorize Taxi Cab Permit for
Mendocino Cab ComDany's 1985 Dodqe Diplomat as per Ukiah
Code Section 2546
Councilmember Wattenburger explained he pulled this item
of business from the Consent Calendar for a discussion with
Mr. Buckley, who has chosen not to stay for this item of
business, even though he was specifically requested to
remain. He added this specific vehicle has been operating
illegally, although Mr. Buckley has been warned, and
desires this permit be denied until Mr. Buckley complies
with all Code requirements.
The City Manager reviewed how the City has attempted to
accommodate Mr. Buckley for legal operation of this second
vehicle during the holidays, but the insurance and vehicle
safety report were not received until as late as January 8,
1993.
Discussion ensued regarding grounds for denial.
M/S Schneiter/Shoemaker to authorize the City Clerk to to
issue a taxi cab permit upon receipt of the $30 license fee,
for a 1985 Dodge Diplomat, for the Mendocino Cab Company.
The motion was carried by the following roll call vote:
AYES: Malone, Shoemaker and Mayor Schneiter. NOES:
Councilmember Wattenburger.
CITY COUNCIL REPORTS
Councilmember Malone
Reported on the Chamber of Commerce and Main Street meetings
he attended.
Reg. Mtg.
January 20, 1993
Page 8
Councilmember Wattenburqer
Reported on the Mendocino Transit Authority Meeting he
attended, on a Mendocino County Task Force raid he
observed, and a citizens meeting regarding Fire District
Consolidation. He requested roofing standards be agendized
for Council discussion at a future meeting.
Councilmember Shoemaker
Reported on the Mendocino Solid Waste Authority meeting he
attended.
Mayor Schneiter
Reported on the Mayors/Managers meeting he attended in
Willits, noted the Sanitation District meeting has been
postponed, and reported he will be attending upcoming
Northern California Power Association and Redwood Empire
Municipal Insurance Fund meetings.
CITY MANAGER/DEPARTMENT HEAD REPORTS
The City Manager reported the first meeting of a citizens
committee which will be reviewing the City's planning
process, was held and this review should be completed in
March, and noted that staff budget sessions have begun.
ADJOURNMENT
There being no further busines~ the meeting wa~ adjourned
at 11:28 p.m. /~ .~~
C~hy McKay CMC/AAE~ity
CCMIN.120
Clerk
Reg. Mtg.
January 20, 1993
Page 9